Federal Register / Vol. 77, No. 204 / Monday, October 22, 2012 / Proposed Rules 64437 

5The definition of ‘‘radioactive waste’’ in this 

Branch Technical Position paper pertains solely to 

export and import. It does not affect or alter the 

domestic regulations of ‘‘waste’’ as defined in 10 

CFR 20.1003. 

correlate those numbers to different 

manufacturer’s coding patterns. 

C. Regulatory Position 

The NRC has construed the ‘‘U.S. 

origin’’ provision in the context of the 

industry’s recent clarification of 

international source exchange practices. 

The NRC recognizes that in some 

circumstances it may not be feasible for 

the importer to determine the country of 

origin for disused sources it seeks to 

exchange prior to import. If, after a good 

faith effort, the U.S. manufacturer, 

distributor, or other entity cannot 

determine whether an imported disused 

source that has been exchanged for a 

new source is of U.S. origin without 

exposing personnel to additional doses, 

the source in question shall be deemed 

to be of U.S. origin for the purposes of 

the sealed source exclusion to the 

definition of ‘‘radioactive waste’’ in 10 

CFR 110.2.5 This application of the 

sealed source exclusion is limited to 

disused sources imported into the 

United States that have been exchanged 

for a new source in a foreign country on 

a ‘‘one-for-one’’ basis. Accordingly, it is 

the NRC’s expectation that the number 

of disused sources imported by the 

manufacturer or distributor into the 

United States must not be greater than 

the number of new or refurbished 

sources exported by that manufacturer 

or distributor. 

The NRC believes that this 

application of the sealed source 

exclusion reasonably balances the 

interests of public health and safety and 

international policy interests in 

responsible handling of sources at the 

end of their useful life. The approach 

preserves the fundamental policy 

rationale underlying the original 

exclusion—to prevent sources from 

being dispersed in unregulated locations 

around the world by facilitating a ‘‘onefor one’’ exchange of U.S.-supplied new 

and disused sources—while achieving 

occupational doses to workers that are 

as low as reasonably achievable, as 

specified in 10 CFR 20.1101(b). 

The NRC expects U.S. manufacturers, 

distributors, and suppliers to inform 

their customers about U.S. import 

licensing requirements for disused 

sources. It is recommended that U.S. 

importers retain copies of their 

communications with their foreign 

customers regarding U.S. import 

requirements. The U.S. importer at all 

times must comply with the specific 

license requirement for disused sources 

known to be of non-U.S. origin prior to 

import into the United States. A good 

faith effort by the importer may include 

communication of U.S. import 

requirements with its foreign customers, 

examination of a photograph of the 

source the customer seeks to exchange, 

and other relevant information related 

to the disused sources’ origin. 

Consistent with 10 CFR 110.53, the 

NRC may inspect the licensee’s records, 

premises and activities pertaining to its 

exports and imports to ensure 

compliance with the sealed source 

exclusion to the definition of 

‘‘radioactive waste’’ by trying to 

determine source origin (from user 

paperwork and communication) before 

an import occurs. 

This position is being distributed to 

all Agreement States and material 

licensees. 

Additionally, the NRC has 

coordinated this position with the 

Department of Energy/National Nuclear 

Safety Administration’s (DOE/NNSA) 

Global Threat Reduction Initiative 

(GTRI). One of GTRI’s programs 

repatriates sources from around the 

world that are in unsafe or insecure 

locations. The NRC does not have 

import licensing jurisdiction when U.S. 

companies import disused sources on 

behalf of NNSA’s GTRI program; 

therefore, the licensing requirements in 

Part 110 would not apply to such 

imports. 

D. Implementation 

This technical position reflects the 

current NRC staff position on acceptable 

use of the general license for import of 

disused radioactive sources. Therefore, 

except in those cases in which the 

source manufacturer or distributor 

proposes an acceptable alternative 

method for complying with the 

definition of ‘‘radioactive waste’’ in 

Section 110.2, the guidance described 

herein will be used in the evaluation of 

the use of the general import license for 

disused sources. 

Dated at Rockville, Maryland, this 15th day 

of October 2012. 

For the Nuclear Regulatory Commission. 

Margaret M. Doane, 

Director, Office of International Programs. 

[FR Doc. 2012–25924 Filed 10–19–12; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–1124; Directorate 

Identifier 2012–CE–041–AD] 

RIN 2120–AA64 

Airworthiness Directives; Burkhart 

GROB Luft-und Raumfahrt GmbH 

Sailplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for 

Burkhart GROB Luft-und Raumfahrt 

GmbH Models GROB G 109 and GROB 

G 109B sailplanes. This proposed AD 

results from mandatory continuing 

airworthiness information (MCAI) 

originated by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as corrosion and/or cracking 

of the elevator control rod that could 

lead to failure of the elevator control rod 

with consequent loss of control. We are 

issuing this proposed AD to require 

actions to address the unsafe condition 

on these products. 

DATES: We must receive comments on 

this proposed AD by December 6, 2012. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

For service information identified in 

this proposed AD, contact Grob Aircraft 

AG, Lettenbachstrasse 9, D–86874 

Tussenhausen-Mattsies, Germany; 

phone: +49 (0) 8268 998 139; fax: +49 

(0) 8268 998 200; email: 

productsupport@grob-aircraft.com; 

Internet: www.grob-aircraft.com/ 

62.html. You may review copies of the 

referenced service information at the 

FAA, Small Airplane Directorate, 901 


wreier-aviles on DSK5TPTVN1PROD with 
64438 Federal Register / Vol. 77, No. 204 / Monday, October 22, 2012 / Proposed Rules 

Locust, Kansas City, Missouri 64106. 

For information on the availability of 

this material at the FAA, call (816) 329– 

4148. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains this proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Office 

(telephone (800) 647–5527) is in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

FOR FURTHER INFORMATION CONTACT: Jim 

Rutherford, Aerospace Engineer, FAA, 

Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4165; fax: (816) 

329–4090; email: 

jim.rutherford@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2012–1124; Directorate Identifier 

2012–CE–041–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD because of those 

comments. 

We will post all comments we 

receive, without change, to http:// 

regulations.gov, including any personal 

information you provide. We will also 

post a report summarizing each 

substantive verbal contact we receive 

about this proposed AD. 

Discussion 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA AD No.: 

2012–0181, dated September 7, 2012 

(referred to after this as ‘‘the MCAI’’), to 

correct an unsafe condition for the 

specified products. The MCAI states: 

Corroded and cracked elevator control road 

in the vertical fin on a Grob G 109B powered 

sailplane has been reported. 

The technical investigation revealed that 

water had soaked into the elevator control 

rod through a control bore hole and resulted 

in corrosion damage and, in case of water 

freeze between the external control rod and 

the internal mass balance, in crack of the 

elevator control rod in the vertical fin. 

This condition, if not detected and 

corrected, could lead to failure of the elevator 

control rod, possibly resulting in loss of 

control of the sailplane. 

To address this unsafe condition, Grob 

Aircraft AG published Service Bulletin 

(MSB) 817–64 providing instructions for 

elevator control rod inspection and 

replacement. 

For the reasons described above, this AD 

requires accomplishment of inspections of 

the elevator control rod in the vertical fin 

and, depending on finding, its replacement 

with a serviceable part, as well as a revision 

of powered sailplane Aircraft Maintenance 

Manual (AMM). 

You may obtain further information by 

examining the MCAI in the AD docket. 

Relevant Service Information 

Grob Aircraft AG has issued Service 

Bulletin No. MSB817–64/2, dated 

September 6, 2012. The actions 

described in this service information are 

intended to correct the unsafe condition 

identified in the MCAI. 

FAA’s Determination and Requirements 

of the Proposed AD 

This product has been approved by 

the aviation authority of another 

country, and is approved for operation 

in the United States. Pursuant to our 

bilateral agreement with this State of 

Design Authority, they have notified us 

of the unsafe condition described in the 

MCAI and service information 

referenced above. We are proposing this 

AD because we evaluated all 

information and determined the unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

Costs of Compliance 

For Model G109 Sailplanes 

We estimate that this proposed AD 

will affect 31 products of U.S. registry. 

We also estimate that it would take 

about 2 work-hours per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $85 per work-hour. 

Based on these figures, we estimate 

the cost of the proposed AD on U.S. 

operators to be $5,270, or $170 per 

product. 

In addition, we estimate that any 

necessary follow-on actions would take 

about 1 work-hour and require parts 

costing $680, for a cost of $765 per 

product. We have no way of 

determining the number of products 

that may need these actions. 

For Model G109B Sailplanes 

We estimate that this proposed AD 

will affect 28 products of U.S. registry. 

We also estimate that it would take 

about 3.5 work-hours per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $85 per work-hour. Required 

parts would cost about $78 per product. 

Based on these figures, we estimate 

the cost of the proposed AD on U.S. 

operators to be $10,514, or $375.50 per 

product. 

In addition, we estimate that any 

necessary follow-on actions would take 

about 1 work-hour and require parts 

costing $738, for a cost of $823 per 

product. We have no way of 

determining the number of products 

that may need these actions. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. ‘‘Subtitle VII: 

Aviation Programs,’’ describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in ‘‘Subtitle VII, 

Part A, Subpart III, Section 44701: 

General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We determined that this proposed AD 

would not have federalism implications 

under Executive Order 13132. This 

proposed AD would not have a 

substantial direct effect on the States, on 

the relationship between the national 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify this proposed regulation: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

(2) Is not a ‘‘significant rule’’ under 

the DOT Regulatory Policies and 

Procedures (44 FR 11034, February 26, 

1979), 

(3) Will not affect intrastate aviation 

in Alaska, and 

(4) Will not have a significant 

economic impact, positive or negative, 


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Federal Register / Vol. 77, No. 204 / Monday, October 22, 2012 / Proposed Rules 64439 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 14 CFR part 

39 as follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by adding 

the following new AD: 

Burkhart GROB Luft-und Raumfahrt GmbH: 

Docket No. FAA–2012–1124; Directorate 

Identifier 2012–CE–041–AD. 

(a) Comments Due Date 

We must receive comments by December 6, 

2012. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Burkhart GROB Luftund Raumfahrt GmbH Models GROB G 109 

and GROB G 109B sailplanes, all serial 

numbers, certificated in any category. 

(d) Subject 

Air Transport Association of America 

(ATA) Code 27: Flight Controls. 

(e) Reason 

This AD was prompted by mandatory 

continuing airworthiness information (MCAI) 

originated by an aviation authority of another 

country to identify and correct an unsafe 

condition on an aviation product. The MCAI 

describes the unsafe condition as corrosion 

and/or cracking of the elevator control rod. 

We are issuing this proposed AD to detect 

and correct corrosion and/or cracking of the 

elevator control rod, which could lead to 

failure of the elevator control rod with 

consequent loss of control. 

(f) Actions and Compliance 

Unless already done, do the following 

actions: 

(1) Within the next 25 hours time-inservice (TIS) after the effective date of this 

AD or within the next 60 days after the 

effective date of this AD, whichever occurs 

first, and repetitively thereafter at intervals 

not to exceed every 5 years, inspect the 

elevator control rod in the vertical fin for 

corrosion or cracking following the 

accomplishment instructions in Grob Aircraft 

AG Service Bulletin No. MSB817–64/2, dated 

September 6, 2012. 

(2) For the purposes of this AD, we define 

slight corrosion as corrosion you can remove 

with metal wool and that has no visible 

pitting in the base metal. If you cannot 

remove the corrosion with metal wool or if 

there is visible pitting in the base metal, we 

define it as heavy corrosion. 

(3) If any cracks or heavy corrosion are 

found during any of the inspections required 

in paragraph (f)(1) of this AD, before further 

flight, replace the elevator control rod with 

an airworthy part following the 

accomplishment instructions in Grob Aircraft 

AG Service Bulletin No. MSB817–64/2, dated 

September 6, 2012, for your applicable 

sailplane model. 

(4) If only slight or no corrosion of the 

elevator control rod is found during any of 

the inspections required in paragraph (f)(1) of 

this AD, before further flight, clean the rod 

surface and apply a corrosion inhibitor, as 

applicable, following the accomplishment 

instructions in Grob Aircraft AG Service 

Bulletin No. MSB817–64/2, dated September 

6, 2012. 

Note 1 to paragraph (f) of this AD: Grob 

Aircraft AG incorporated the repetitive 

inspections required by this AD into the 

instructions for continued airworthiness of 

the aircraft maintenance manual for the 

applicable sailplanes. 

(g) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, Standards Office, 

FAA, has the authority to approve AMOCs 

for this AD, if requested using the procedures 

found in 14 CFR 39.19. Send information to 

ATTN: Jim Rutherford, Aerospace Engineer, 

FAA, Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4165; fax: (816) 329– 

4090; email: jim.rutherford@faa.gov. Before 

using any approved AMOC on any airplane 

to which the AMOC applies, notify your 

appropriate principal inspector (PI) in the 

FAA Flight Standards District Office (FSDO), 

or lacking a PI, your local FSDO. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, a federal 

agency may not conduct or sponsor, and a 

person is not required to respond to, nor 

shall a person be subject to a penalty for 

failure to comply with a collection of 

information subject to the requirements of 

the Paperwork Reduction Act unless that 

collection of information displays a current 

valid OMB Control Number. The OMB 

Control Number for this information 

collection is 2120–0056. Public reporting for 

this collection of information is estimated to 

be approximately 5 minutes per response, 

including the time for reviewing instructions, 

completing and reviewing the collection of 

information. All responses to this collection 

of information are mandatory. Comments 

concerning the accuracy of this burden and 

suggestions for reducing the burden should 

be directed to the FAA at: 800 Independence 

Ave. SW., Washington, DC 20591, Attn: 

Information Collection Clearance Officer, 

AES–200. 

(h) Related Information 

Refer to European Aviation Safety Agency 

(EASA), which is the Technical Agent for the 

Member States of the European Community, 

AD No.: 2012–0181, dated September 7, 

2012; and Grob Aircraft AG Service Bulletin 

No. MSB817–64/2, dated September 6, 2012, 

for related information. For service 

information related to this AD, contact Grob 

Aircraft AG, Lettenbachstrasse 9, D–86874 

Tussenhausen-Mattsies, Germany; phone: 

+49 (0) 8268 998 139; fax: +49 (0) 8268 998 

200; email: productsupport@grobaircraft.com; Internet: www.grobaircraft.com/62.html. You may review copies 

of the referenced service information at the 

FAA, Small Airplane Directorate, 901 Locust, 

Kansas City, Missouri 64106. For information 

on the availability of this material at the 

FAA, call (816) 329–4148. 

Issued in Kansas City, Missouri, on 

October 15, 2012. 

Pat Mullen, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2012–25891 Filed 10–19–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–1127; Directorate 

Identifier 2010–SW–035–AD] 

RIN 2120–AA64 

Airworthiness Directives; Bell 

Helicopter Textron Canada (Bell) Model 

Helicopters 

AGENCY: Federal Aviation 

Administration (FAA) DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for Bell 

Model 430 helicopters, which would 

require replacing certain components of 

the air data system. This proposed AD 

is prompted by the discovery of 

incorrect indicated airspeed when the 

helicopter was tested to the cold 

temperature limits (¥40 degrees 

centigrade) required for Category A 

operations. The proposed actions are 

intended to correct the published Vne

and to correct the indicated airspeed. 

DATES: We must receive comments on 

this proposed AD by December 21, 

2012. 


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